[Amended 6-6-2017 by L.L.
No. 2-2017; 3-2-2021 by L.L. No. 1-2021]
The following use districts are hereby established:
Ag
|
Agricultural-Conservation District
|
R-1
|
Low-Density Residential District
|
R-2
|
Medium-Density Residential District
|
M-D
|
Multiple-Dwelling District
|
MU
|
Multiple Use District
|
C-1
|
Commercial District
|
I-1
|
Light Industrial (or Light Manufacturing) District
|
L-C
|
Floodplain-Land Conservation District
|
LI
|
Light Industrial District
|
PUD
|
Planned Unit Development District
|
NP
|
Natural Products District
|
[Amended 1-13-2003 by L.L. No. 1-2003; 6-10-2004 by L.L. No. 1-2004; 9-27-2005 by L.L. No. 6-2005; 4-13-2009 by L.L. No.
1-2009; 12-14-2009 by L.L. No. 3-2009; 2-1-2022 by L.L. No. 1-2022]
The boundaries of the use districts established pursuant to §
132-9 of this chapter are as set forth on the Zoning Map of the Town of Naples as established pursuant to §
132-11 of this chapter and as interpreted pursuant to §
132-12 of this chapter.
[Amended 2-1-2022 by L.L. No. 1-2022]
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the Zoning Map, the following
rules shall apply:
A. Center lines and right-of-way lines. Where district boundaries are
indicated as approximately following the center lines or right-of-way
lines of streets, highways, public utility easements or watercourses,
said boundaries shall be construed to be coincident with such lines.
Such boundaries shall be deemed to be automatically moved if a center
line or right-of-way of such street, highway, public utility or watercourse
is moved not more than 20 feet.
B. Lot or boundary lines. Where district boundaries are indicated as
approximately following the Town boundary line, property lines, lot
lines or projections thereof, said boundaries shall be construed to
be coincident with such lines or projections thereof.
C. Parallel to lot or boundary lines. Where district boundaries are
so indicated that they are approximately parallel to the Town boundary
line, property lines, lot lines, right-of-way lines or projections
thereof, said boundaries shall be construed as being parallel thereto
and at such distances therefrom as indicated on the Zoning Map or
as shall be determined by the use of the scale shown on the Zoning
Map.
D. District boundaries shall be determined by use of an accurate scale
which shall be shown on the Zoning Map. In no instance shall a district
boundary be set at less than the minimum lot depth required in the
Schedule of Regulations which is set out as Attachment 1 to this chapter.
E. In the event of a questionable district boundary, the issue of the
questionable boundary shall be referred to the Zoning Board of Appeals,
and it shall, to the best of its ability, establish the exact boundary.
Decisions by the Zoning Board of Appeals with respect to use district
boundary interpretations shall be in writing and filed with the Town
Clerk and the Town Code Enforcement Officer within 10 days of such
decision being made.
F. The copy of the Zoning Map showing any such determinations under
this section shall be on file at the office of the Town Clerk together
with use district boundary interpretations made by the Zoning Board
of Appeals.
G. Precise use district boundary determinations made by the Zoning Board
of Appeals in accordance with the above rules shall be considered
final and conclusive and may only be altered by amendment of the Zoning
Map by the Town Board or pursuant to Article 78 proceedings.
H. Lots divided by zoning district lines. Where a lot is divided by
a zoning district boundary line, the regulations for each respective
district shall apply, except:
(1) In all cases where a lot in one ownership, other than a through lot,
is divided by a district boundary so that 50% or more of such lot
lies in the less restricted district, the regulations prescribed for
such less restricted district shall apply to the more restricted portion
of said lot for a distance of 30 feet from the zoning district boundary.
For purposes of this chapter, the more restricted zoning district
shall be deemed that district which is subject to regulations which
prohibit the particular use intended to be made of said lot or which
regulations set higher standards with respect to setback, coverage,
yards, screening, landscaping and similar requirements.
(2) In all cases where a district boundary line is located not farther
than 15 feet away from a lot line of record, the regulations applicable
to the greater part of the lot shall be deemed to apply to the entire
lot.
I. Buildings divided by zoning district lines. Where a district boundary line divides a building existing on the effective date of this section so that 50% or more of such building lies within the less-restricted district, the regulations prescribed by this chapter for such less restricted district (as defined in Subsection
H above) shall apply to the entire building. Such provisions shall apply only if and as long as the building is in single ownership and its structural characteristics prevent its use in conformity with the requirements of each separate district.